17A.1 Citation and statement of purpose. 1. This chapter may be cited as the “Iowa Administrative Procedure Act”. 2. This chapter is intended to provide a minimum procedural code for the operation of all state agencies when they take action affecting the rights and duties of the public. Nothing in this chapter is meant to […]
17A.10 Informal settlements — waiver. 1. Unless precluded by statute, informal settlements of controversies that may culminate in contested case proceedings according to the provisions of this chapter are encouraged. Agencies shall prescribe by rule specific procedures for attempting such informal settlements prior to the commencement of contested case proceedings. This subsection shall not be […]
17A.10A Contested cases — no factual dispute. Upon petition by a party in a matter that would be a contested case if there was a dispute over the existence of material facts, all of the provisions of this chapter applicable to contested cases, except those relating to presentation of evidence, shall be applicable even though […]
17A.11 Presiding officer, disqualification, substitution. 1. a. If the agency or an officer of the agency under whose authority the contested case is to take place is a named party to that proceeding or a real party in interest to that proceeding the presiding officer may be, in the discretion of the agency, either the […]
17A.12 Contested cases — notice — hearing — records. 1. In a contested case, all parties shall be afforded an opportunity for hearing after reasonable notice in writing delivered either by personal service as in civil actions or by certified mail return receipt requested. However, an agency may provide by rule for the delivery of […]
17A.13 Subpoenas — discovery. 1. Agencies have all subpoena powers conferred upon them by their enabling acts or other statutes. In addition, prior to the commencement of a contested case by the notice referred to in section 17A.12, subsection 1, an agency having power to decide contested cases may subpoena books, papers, records, and any […]
17A.14 Rules of evidence — official notice. In contested cases: 1. Irrelevant, immaterial, or unduly repetitious evidence should be excluded. A finding shall be based upon the kind of evidence on which reasonably prudent persons are accustomed to rely for the conduct of their serious affairs, and may be based upon such evidence even if […]
17A.15 Final decisions — proposed decisions — conclusiveness — review by the agency. 1. When the agency presides at the reception of the evidence in a contested case, the decision of the agency is a final decision. 2. When the agency did not preside at the reception of the evidence in a contested case, the […]
17A.16 Decisions and orders — rehearing. 1. A proposed or final decision or order in a contested case shall be in writing or stated in the record. A proposed or final decision shall include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, shall be accompanied […]
17A.17 Ex parte communications and separation of functions. 1. a. Unless required for the disposition of ex parte matters specifically authorized by statute, a presiding officer in a contested case shall not communicate directly or indirectly with any person or party in connection with any issue of fact or law in that contested case, except […]
17A.18 Licenses. 1. When the grant, denial, or renewal of a license is required by Constitution or statute to be preceded by notice and opportunity for an evidentiary hearing, the provisions of this chapter concerning contested cases apply. 2. When a licensee has made timely and sufficient application for the renewal of a license or […]
17A.18A Emergency adjudicative proceedings. 1. Notwithstanding any other provision of this chapter and to the extent consistent with the Constitution of the State of Iowa and of the United States, an agency may use emergency adjudicative proceedings in a situation involving an immediate danger to the public health, safety, or welfare requiring immediate agency action. […]
17A.19 Judicial review. Except as expressly provided otherwise by another statute referring to this chapter by name, the judicial review provisions of this chapter shall be the exclusive means by which a person or party who is aggrieved or adversely affected by agency action may seek judicial review of such agency action. However, nothing in […]
17A.2 Definitions. As used in this chapter: 1. “Agency” means each board, commission, department, officer or other administrative office or unit of the state. “Agency” does not mean the general assembly, the judicial branch or any of its components, the office of consumer advocate, the governor, or a political subdivision of the state or its […]
17A.20 Appeals. An aggrieved or adversely affected party to the judicial review proceeding may obtain a review of any final judgment of the district court under this chapter by appeal. The appeal shall be taken as in other civil cases, although the appeal may be taken regardless of the amount involved. [C75, 77, 79, 81, […]
17A.21 Inconsistency with federal law. If it is determined by the attorney general that any provision of this chapter would cause denial of funds or services from the United States government which would otherwise be available to an agency of this state, or would otherwise be inconsistent with requirements of federal law, such provision shall […]
17A.22 Agency authority to implement chapter. Agencies shall have all the authority necessary to comply with the requirements of this chapter through the adoption of rules or otherwise. [C75, 77, 79, 81, §17A.22] 2020 Acts, ch 1090, §11
17A.23 Construction — delegation of authority. 1. Except as expressly provided otherwise by this chapter or by another statute referring to this chapter by name, the rights created and the requirements imposed by this chapter shall be in addition to those created or imposed by every other statute in existence on July 1, 1975, or […]
17A.3 Public information — adoption of rules — availability of rules and orders. 1. In addition to other requirements imposed by Constitution or statute, each agency shall: a. Adopt as a rule a description of the organization of the agency which states the general course and method of its operations, the administrative subdivisions of the […]
17A.31 Repealed by 98 Acts, ch 1202, §45, 46.
